1st Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to civil actions; regulating the 1.3 apportionment of joint and several liability; amending 1.4 Minnesota Statutes 1998, section 604.02, subdivision 1. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1998, section 604.02, 1.7 subdivision 1, is amended to read: 1.8 Subdivision 1. When two or more persons are jointly 1.9 liable, contributions to awards shall be in proportion to the 1.10 percentage of fault attributable to each, except thateach is1.11 the following persons are jointly and severally liable for the 1.12 whole award.: 1.13 (1) a person, other than the state or a municipality, whose 1.14 fault is 40 percent or greater; 1.15 (2) the state or a municipality, if its fault is 50 percent 1.16 or greater; 1.17 (3) two or more persons who act in a common scheme or plan 1.18 that results in injury; 1.19 (4) a person who commits an intentional tort; or 1.20 (5) a person whose liability arisesExcept in cases where1.21liability arisesunder chapters 18B - pesticide control, 115 - 1.22 water pollution control, 115A - waste management, 115B - 1.23 environmental response and liability, 115C - leaking underground 1.24 storage tanks, and 299J - pipeline safety, public nuisance law 1.25 for damage to the environment or the public health, any other 2.1 environmental or public health law, or any environmental or 2.2 public health ordinance or program of a municipalityas defined2.3in section 466.01, a person whose fault is 15 percent or less is2.4liable for a percentage of the whole award no greater than four2.5times the percentage of fault, including any amount reallocated2.6to that person under subdivision 2.2.7If the state or a municipality as defined in section 466.012.8is jointly liable, and its fault is less than 35 percent, it is2.9jointly and severally liable for a percentage of the whole award2.10no greater than twice the amount of fault, including any amount2.11reallocated to the state or municipality under subdivision 2. 2.12 For purposes of this subdivision, "state" has the meaning 2.13 given in section 3.732 and "municipality" has the meaning given 2.14 in section 466.01. 2.15 Sec. 2. [APPLICATION.] 2.16 Section 1 applies to claims arising from events that occur 2.17 on or after August 1, 2000.